the second cow was not attachable upon his debt, for to her the
husband never had title. Caswell v. Jones, 457·
7. The officer conducting an execution sale cannot act as the
agent of the creditor with discretionary authority to bid in the
'property, and if he does so bid it in the sale will be void. Ib.
8. An execution sale, regular upon its face, may be attacked
for collusion between the creditor and debtor, and when so assailed
the record of the sale is only prima facie evidence that it was
bona fide. Ib.
9. Where a proprietor, having no personal knowledge of his
business, in reliance upon his foreman, gives a price which he
supposes to be correct, but which is in fact too small, owing to a
mistake of the foreman, the proprietor is entitled to the same
relief against the mistake as though, having knowledge of the
business, he had made it himself. Everson & Co. v. Interna-
tional Granite Co., 658.
IO. If the vendor, by a mistake which is the result of oversight
or error in computation, quotes a price below the true one, and
the vendee accepts it knowing of the mistake, the contract of sale
will not be enforced. Ib.
SEALED INSTRUMENT. See ACTION I, 2.
SEALED VERDICT. See TRIAL 3.
I. The selectmen of a town, as their powers and duties are at
present established, are not personally liable for an injury sus-
tained through a defect in a public highway in that town. Dan-
iels v. Hathaway, 347-
2. The duties of selectmen in reference to the maintenance and
repair of highways are of a quasi judicial nature. Ib.
I. Upon an appeal to the county court from an assessment by
the bailiffs of the village of Brattleboro for contribution towards
the expense of constructing sewers, the land owner may raise the
question of the right of the bailiffs to make any assessment at all.
Boyden and Herrick v. Brattleboro, 504.
2. Under a provision of the charter that "Every person whose
particular drain shall enter into any such common sewer, or main
drain, or who, in the opinion of said bailiffs, shall receive benefit
thereby for draining his premises, shall be assessed therefor his
just share towards the expense of laying and constructing such
sewer or drain," a land owner cannot be assessed towards the ex-
pense of making changes in a sewer already laid which are ren-.
dered necessary solely by the fact that a new sewer is to be con-
nected with it. Ib.
See PRIVILEGED COMMUNICATION I.
1. That the taking and continuing in possession of the house
by the oratrix was a part performance, which took the case out of
the statute of frauds. Smith v. Pierce, 200.
2. That the oratirix was entitled to a specific performance of
the entire contract as to both real and personal property, but must
pay expenses of last sickness and funeral expenses.
I. In a hearing before a special master, the weight to be given
such a note as evidence is entirely for the master, and his finding
as to the consideration is conclusive. Willard v. Pinard, 160.
The intestate and defendant had dealings commencing in
1863, in the course of which the intestate advanced the defendant
certain sums of money, which were settled for in 1872 by the giv-
ing of the defendant's promissory notes. The master found that
these notes included $200 of usury, and reported that the only
evidence on which he based this finding was the testimony of two
witnesses, to the effect that previous to 1872 the intestate had told
them that the defendant was paying him ten per cent, the fact that
banks at that time usually took eight per cent, and that "the kind
of transaction between these parties would indicate some consider-
ation other than the mere legal rate, and less than the ordinary
rate." Held, that this evidence did not warrant the finding of
the master that usury was included in the notes, although it might
tend to show that usury was paid. Ib.
SPECIAL VERDICT. See TRIAL I.
STALE CLAIM. See MORTGAGE 2.
STALENESS. See EQUITY 15.
R. L. s. 1390, judgment upon exceptions in supreme court,
R. L. s. 913, judgment when declaration contains one good count, 419
R. L. 1057, jury trial in book account before justice,
R. L. s. 2689, acknowledgment of deed before town clerk,
19. R. L. 1883, liquidation of security in insolvency,
R. L. 2162, recovery by administrator of estate fraudulently con-
veyed,
R. L. 1820, assignment of debtor's estate in insolvency,
R. L. 1860, 1861, fraudulent conveyance as against insolvency,
R. L. 1895, setting out homestead in case of levy, -
R. L. 3461, organization after foreclosure by bond holders,
R. L. 4254, profane swearing,
R. L. 689, what is common law by statutory enactment,
R. L. 1699, passing law questions to supreme court,
R. L. 1655, failure of respondent to testify,
R. L. 1391, when question of variance considered in supreme
R. L. 2945, time for taking appeal from action of selectmen in
laying of highway,
R. L. 1428, petition for appeal from justice judgment,
R. L. 1027, 1028, deposition taken without notice, -
R. L. 847, recognizance for costs,
R. L. 2751, power of towns to vote taxes,
47. R. L. 3082, 3086, 3091, 3099, street commissioners,
48. R. L. 2692, powers of selectmen,
R. L. 1064, 1065, appeal from justice's judgment,
54. R. L. 2822, liability of relatives to support pauper,
Act of 1882, No. 17, power of selectmen to purchase road ma-
chines,
56. Act of 1882, No. 100, relating to court expenses,
57. Act of 1884, No. 140, property rights of married woman,
58. Act of 1884, No. 17, duties of highway surveyors,
59. Act of 1884, No. 73, fish wardens,
Act of 1884, No. 11, State aid for highways,
61. Act of 1884, No. 155, expense of warming jails,
62. Act of 1884, No. 139, s. 8, levy of execution on real estate,
63. Act of 1886, No. 5, payment of taxes to treasurer, -
64. Act of 1886, No. 74, fish wardens,
65. Act of 1886, No. 16, State aid for highways,
Act of 1886, No. 4, exempting watch from taxation,
67. Act of 1886, No. 63, age of consent in females,
68. Act of 1888, No. 129, fish wardens,
69. Act of 1888, No. 84, property rights of married woman,
Act of 1890, No. 33, relating to support of married woman by
husband,
71. Act of 1890, No. 31, defining effect of legislation in pending liti-
gation,
72. Act of 1890, No. 17, relating to maintenance of highways and
bridges,
73. Act of 1890, No. 58, fish wardens,
SUIT. See HIGHWAYS AND BRIDGES 4.
SURVIVAL OF ACTIONS. See INTOXICATING LIQUOR 3.
SURETY. See NOTES AND BILLS 3, 5, 6, 7.
A manufacturing corporation, organized under the laws of,
and located in this State, is properly taxed for debts due to it.
Waite v. Hyde Park Lumber Co., 103.
2. Under St. 1886, No. 5, towns must vote each year to collect
their taxes through the treasurer, and in case of a town not so vot-
ing its treasurer has no authority to issue his warrant for the col-
lection of a delinquent tax. Ib.
See RAILROAD COMPANIES, 1.
In an action for the recovery of the penalty imposed by R. L.,
s. 3,641, for interfering with a telegraph line, the declaration need
only allege that the plaintiff corporation was authorized to con-
struct the line in question and had constructed it along a public
highway in this State in such a manner as not to interfere with the
public convenience in using or repairing said highway. It need
not allege that the other provisions of that chapter have been com-
plied with, for if a neglect upon the part of the plaintiff to com-
ply with them excuses the defendant, that is matter of defence.
Western Union Tel. Co. v. Bullard, 634.
Jurors are not paramount judges of the law in criminal
State v. Burpee, 1.
2. The action being for the recovery of the amount of a draft,
Held, that there was no evidence tending to show that the defend-
ant ever received the draft or its proceeds, and that the court
properly directed a verdict for the defendant. Chamberlin v. Les-
lie, 62.
3. The plaintiff claimed that the defendant was guilty of
ligence in three particulars, and the court submitted these three
claims to the jury with instructions to find a general verdict. The
jury agreed upon a verdict for the plaintiff, sealed it up and sepa-
rated. When the verdict was delivered in open court, the presid-
ing judge required the jury to state the particular ground upon
which they had found for the plaintiff, and they did so. Held, no
error, for no further deliberation was thereby required. Germond's
Admr. v. Cent. Vt. Rd. Co., 126.
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